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1943 Supreme(Mad) 331

IN THE HIGH COURT OF MADRAS
In Re: K. Vasudevan
Versus
Decided On : 01.12.1943

The passing of an Amending Act with retrospective effect does not justify the review of matters already decided based on the law before the amendment.

Headnote:

Court Fees - Civil Revision Petition - Review of Order

Fact of the Case:

The petitioner filed a revision petition against an order scaling down a decree debt. The High Court directed the petitioner to convert the petition into a regular appeal by paying court fees, but the petitioner failed to do so and the petition was dismissed. The petitioner then sought to review the order and convert the petition into a civil miscellaneous appeal based on the Amending Act.

Finding of the Court:

The court held that the passing of the Amending Act, even with retrospective effect, is not a sufficient reason to reopen matters already decided based on the law before the amendment. The petitions to excuse delay and for review were dismissed.

Issues: The main issue was whether the passing of the Amending Act justified the review of the previous order and the conversion of the petition into a civil miscellaneous appeal.

Ratio Decidendi: The court found that the Amending Act, despite its retrospective effect, did not provide sufficient grounds to reopen matters already decided based on the law before the amendment.

Final Decision: The petitions to excuse delay and for review were dismissed.

JUDGMENT

1. C.R.P. No. 318 of 1942 was against an order scaling down a decree debt in a suit on the file of the Subordinate Judge of Trichinopoly. The petitioner having preferred a revision petition the High Court by an order directed the payment of court-fee converting the civil revision petition into a regular appeal and six weeks time was granted therefor. There was a further extension of time to enable the petitioner to pay the court-fee but even then he failed to pay and the civil revision petition itself was dismissed on 14th August 1942. On the passing of the Amending Act the petitioner filed the present application to review the order dated 14th August 1942 and to convert the civil revision petition into a civil miscellaneous appeal.

2. The grounds for review were as follows : The amending Act only excludes from retrospective operation orders passed upto September, October 1989. The section being wide in amplitude and the Act having been passed to remove the hardship created by the necessity to pay ad valorem court-fee by persons entitled to the benefits of the Act the section was specifically put in to meet this purpose and the Court had. the power in the light of the section to reconsider and review that order and to set aside the same as it will be to fulfil the intentions of the amending Act.

ORDER

3. It seems to us cleat that the passing of the Amending Act, even though it changes the law With retrospective effect, is not a sufficient reason for re-opening matters which have already been decided on the basis of the law as it stood before the amendment. The petition to excuse delay and the petition for review are therefore dismissed.

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